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HomeMy WebLinkAbout109171 CRESCENT ELECTRIC SUPPLY CO - PURCHASE ORDER - 3215008Fort Collins Date: 0110212015 PURCHASE ORDER Vendor: 109171 CRESCENT ELECTRIC SUPPLY CO 1404 E MAGNOLIA FORT COLLINS CO 80524-4717 PO Number Page 3215008 'eft This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Electrical Supplies Annual City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com i�Se5�1�9 5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCW,DETADS. Tax exemptions. By statute the City of Fort Collins u exempt fiom state and local Nees. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cumificate or Registry 84b0005S7 u registered with rise Collector of Failure of the Purchaser W insist upon strict performance of the terms and conditions hereof, failure or delay W Intemal Revenue, Hoover, Colorado (Ref, Colorado Revised Summit 1973, Chapter 39-26, 114 (a), exercise any rights; in remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the and tare ofor puymmt for good hertwdcr or approval ofNe design, shall not release the Seller of Good R jetted. GOODS MELTED due W failure to meet specifications, either when shipped or due W defect of any of the warranties or obligations of this purchase asset and shall not Ix deemed a waive of any fight of the damage in ,mnsiq may be resumed to you for credit and ore nos W be replaced except upon receipt of wdnen purchaser to imist upon said performance hereof or any of its rights or small as to any such goods, regardless instructions from the City of Fan Callus. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pur orted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject 10 the City of Fiat Collins inspection on arrival, here.(. Final Acceptance. Receipt of the merchandise, x Ma or equipment in .Manse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Foe Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, ovacharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedum violations are in fact home by the Pmchand. Theretofore, for good cook and w cmuid,tation for executing this purchak major, the Seller hereby assigns to the Practitioner any and all claims it may now hove or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., Fort Collins. CO 80522, unless acquired under federal or state antitrust lases for such morchvge relating to the particular good or services mhowik specified oa this order, Npemrissiov is given to prepay fd la and charge separately, the original freight paclvaxd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. AdNfi." cbarga for pxcking will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in variom pat of the country, shipment is If the Purchase, directs she Seller to correct nonconf ing or defective good by a date W he agred upon by the expects from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchce said the Sella. and the Seller thereafter initiates it inability M no ilia ess to comply, the Purchaser shipments One made from greater distance. may cook the work m be performs by the most expedition means available to it, and the Seller shall Pay all cast associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licasscs squired by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller ,ashes agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or csublohs violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this contend agree that the representatives are, in fact bons fide ead possess full and complete without, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptake W the terms and conditimt stated herein set fords and any supplementary or adslumool tams end co uld orts amexed hereto or incorpormad herein by kfetena.A, nddomajil or thiereat tams and codidans proposed by seller arc objects to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as voted. Time is of the essence. Delivery and performance must be effected within the time stated on the purch order and the documents attached hereto. No acts of the Purchasers including, without Initiation, acceptance of partial late deliveries, shall cpaam as a waiver of this provision. In the event many delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of phcing this order elsewhere and holding the Seller liable for damages. However, do Seller shall not be liable for damages as a result of delays due w causes not reasonably fords¢able which art beyond it reasonable normal and without its fault of negligence, such act afGod, acts ofcivil ar military authorities, gwermaddid priorities, fires, strikes, Bond, epideandus, wars or riots provided that wave of the conditions causing such delay is given W the Purchaser within five (5) days of the time when the Seller first received kmwldg thereof. In the oval of any such delay, the doe of delivery that be extrads for de peril equal to the lime wholly lost by reason of the delay. I. WARRANTY. The Sella warrants that all goods, articles, materials and work covers by this coda will conform with applicable drawings, speifications, samples andtor other dcaiptiot given, will be fit for the purposes imeMd, ad performs with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees W hold the purchaser haraleas from any loss, damage ar expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good. without cost to the purchaser, any defect or fault arising within one (I) year or within such longer Period of time as may be presented by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the good famished hamonda (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or cox of goods by rho Purchaser shall not onstimte a waiver of any claim wall this stationary. Except as otherwise provided in this parebow order, the Sellers liability Identified shall extend W all damages proximately caused by the b doers of my of the foregoing warranties or go ramas, bar such liability shall in no event include loss ofprofit or lass of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make district W Irgl it. by wrinm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terns, other den legal terms, including additions to or deletions from the quantities Originally ordered in the specifications or drawings, by sabot or written change order. If any such change affects the amount due Or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The PurcMskr may at any time by admen change mda, terminate this agreemenr as to any or fill portions of d, good then not shipped, subject to any equitable djuntmnt between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims No anticipated profits on the uncompleted ,anion of tbe good and/or work, for incitimant or cotsquentinl damages, and Not an such djusnnem be made in favor admit Sever wid aspect to any good which are the Sellers ntavdard stock. Nn such tamikution than relieve the Purchases or tlx Seller ofany of their Obligation, as to any good delivered beraunder. T. CLAIMS FOR ADRISTMENT. Any claim for adjustment most W assumed within ditty (30) days from the data she change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations W which the goods are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations squired w be Matrimonial in agreement of this character are hereby incorpomred herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all cost and damages suffers by the Purchaser as a result of the Sellers failure to comply with such No. 9. ASSIGNMENT. Neither party shall usage, rrmsfer, a come, this order, or any movie dux ar an become due heacuvdn without the prior written rotten ofthe other party. 10. TITLE. The Seller warrens full, clear and undmicted title to the Purchase for all equipment, nomandH, ad items f 'shed in performance of this agreement, free end clear of any and all liens, raWnlons, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any aware insulting from the perfomance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcmrs, officers cost employees fsad, any. The Sellers communal Obligations, including warrenty, shall Out be domed to be kinked, in any way, because such work u performed m Mused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, material or process covered by lever, patent trademark copyright, the Seller shall iMemaify and save beast s thc Purchaser f om any and all claims far infringement by Mason of the use or such patented design, device, mmefial or procat W connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may Ix obliged to pay by reason ofsuch infringement at any time during the protestation or after the completion of the work. In tax said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at it own expense and in its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with aub modally equal but nounGnging equipment, or modify it so it becomes noutiffin6ing. 15. INSOLVENCY. If the Sella shall become WwNear or hmtkmpt, make an assignment for the beaefi, of creditors, appoint a resciver or mutes for any of the Sellers property or business, this arde may Fathomsbe canceled by the Puncheon, without liability. 16. GOVERNING LAW. The definitions of Wrens ass or the morprttation of the agreement and the right of all panic herewder shall be conamed under and govemd "a laws ofNe Sure of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is W perform work hereunder, including the services of Sellers Rep ssertative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Seller's awn risk until the sane is fully oompletd end accepts, aad shall, in case of any accident, destruction or injury to do work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the wrisfaction of the Purchaser. When materials and equipment are funwhs by others fro insullatian or erection by the Seller, the Seller shall receive, unload, state and herdic same a the site and bomme responsible therefor as though such tratenat and/or equipment wait being fislrcd by the Sella under the aided. 18. INSURANCE The Seller shall, At has own expense, provide for the payment of workers compeer lion, including occupational diseax'beaeft, to its employees employed on or in connection with the work covered by this purchase after, mutt r to their dependents in accordance with the laws of the state m which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lest UdO,OW for any one person, $500,00a for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his conmacld , if any, to provide for such compensation and insurance. Before any of the Sellers or has contractors employees shall do any ..,it upon de premise orothers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have ban provided. Such canficaes shall specify the &te when such compensation end insurance have been provided. Such certificates shall sped the date what such compensation and announce expires. The Sella agrees that such compensation and insurance shall be maintains until after the entire work is completed cal accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the rn,be responsibility and liability fro any and all damage, loss or injury, ofany kind r more whas«var to persons in property Mused by or sculling from the execution ofthe work Provided IN, in this guardian, order or in connection herewith. The Seller will indemnify end hold harmless the Purchaser and any or all of the Purchasers officers, agent and employees from and against any and all claims, losses, damagea, charges or expenses, whether direct or indiod, ad whether to persons a property to which the Purchaser may It, put or subject by reason of any act, anion, negle,, omission or default on roe port of the Seller, any ofhis contractors, or any of the Sellers or contractors oRttrs, agent or employes. In case any suit or other proceedings shall be brought against No Purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors Or any of its or their oRttrs, agent or employees as aforesaid, the Seller hereby agrees W assume the dardne thereof and m defend the same m the Sellers own expense, to pay any and all casts, charges, attorneys fees and ON,, cxcenus, any and ell judgment Nor may be maroon by m Obtains against the Purchaser, or any of is or their officers, agents or employees in such suit or other proceedings, and in Mu judgment or other lien be placed upon or obuined against dre property ofthe Purchaser, or said parties m or w a result of such suits or other proacdivg, the Sella will in once mean the some to be dissolved ad discharged by giving bond or otherwise. The Seller and his conrmcrors shall take all safety prsautions, furnish east install all guard oecaskry far the prevention of accidents. comply with all laws and regulations with tepid W safety includin& but wihom limitation, the Occupational Safety and Health Ad of 1970 and all roles east regulations issued pursuant therem. Revised OMO14